- OF ARKANSAS 


Compiled by 
Oo. Cc. LUDWIG 


, 
Secretary of State 








CENTRAL PRINTING COMPANY 
LITTLE ROCK, ARKANSAS 


of 


tu 


General Drainage Laws 


OF ARKANSAS. 


Section 1414 (Kirby’s Digest). The county court 
of any county in the State of Arkansas shall have 
power, at any regular session thereof, when the same 
shall be conducive to the public health, convenience or 
welfare, or where the same will be of public utility or 
benefit, to cause to be constructed, straightened, 
widened, altered or deepened, any ditch, drain or water 
course within said county, when the same is necessary 
to drain any lots, lands, public or corporate road, or 
railroad; the word ditch, as used in this act, shall be 
held to include a drain or water course, or any drain or 
water course, or any drain or water course hereinafter 
constructed, widened, straightened, deepened or en- 
larged. The petition for any such improvement shall 
be held to include any side, lateral spur or branch 
ditch, drain or water course, or levee, the lowering of 
any lake or other work necessary to secure fully the 
objects of the improvement petitioned for, whether the 
Same is mentioned in such petition or not. (As 
amended March 26, 1907.) 

Sec. 1415. Before any county court shall establish 
any ditch, drain or water course improvement, or 
deepen, widen or enlarge the same as provided for in 
this act, there shall be filed with the county court clerk 
of such county a petition signed by one or more land- 
owners, if the improvement be less than five miles in 
length, and by five or more landowners if it be more 
than five miles in length, whose lands will be hable to 
be affected by or assessed or reassessed for the con- 
struction, widening, deepening or enlargement of the 
same, setting forth the necessity therefor, with a gen- 
eral description of the proposed ditch or drain, or the 


widening, deepening or enlargement of the same, 
stating starting point, route and terminus, and whether 
it is desired to issue bonds. There shall be filed with 
such petition a bond in the sum of not less than $50.00 
per mile, payable to the State of Arkansas, signed by 
such petitioner or petitioners, and two or. more good 
and sufficient freehold sureties, to be approved by the 
county court, conditioned for the payment of all costs 
if the prayer of the petition be not granted, or be dis- 
missed from any cause. (As amended March 26, 1907.) 

Sec. 1416. When such petition is filed, and such 
bond approved, the county court shall, if in regular 
session, or atia call session, appoint three resident free- 
holders of said county as viewers, and also a compe- 
tent civil engineer, to assist them, and who shall pro- 
ceed at once, under directions of an order of said court 
made therein, certified by the clerk, to view and make 
preliminary survey of the line of the proposed ditch or 
improvement, or to widen, deepen or enlarge the same, 
and report by actual view, of the premises along and 
adjacent thereto, whether the proposed improvement is 
necessary, practicable, or will be conducive to public 
health, convenience, or welfare, and report the best 
route for the proposed drain, ditch or addition or addi- 
tions thereto by widening, deepening or enlarging the 
same, whether any portion of the same should be cov- 
ered, and whether the work of constructing, enlarging, 
deepening or widening the same should be by allotment 
of the several interests or let by contract without allot- 
ment. 

They shall report their findings in writing to the 
county court at a time fixed by said court, and if no 
time has been fixed, at the next regular term thereof, 
and the court shall cause the said report, including 
the report of said survey, to be entered upon its record. 

All viewers and engineers, before entering upon 
the discharge of their duties as such, shall take and 
subscribe an oath to faithfully and impartially dis- 
charge their duties as such viewers and engineers, and 
to make a true and correct report of the work done by 
them. (As amended March 26, 1907.) 

Sec. 1417. It shall be the duty of the county 
court, at the time of the appointment of the viewers as 
above provided, to cause a notice of the pendency of 


+ 


said petition and the appointment of said viewers, the 
place of beginning, route and terminus of said proposed 
ditch or drain, and the time fixed by said court at which 
said viewers will make their report, to be given by 
publication by one insertion in some newspaper of 
general circulation published in said county. 

See. 1418. If the county court shall find against 
the improvement, it shall dismiss the petition and pro- 
ceedings at the cost of the petitioners, and shall issue 
an itemized bill of costs, which shall include the per 
diem of the viewers and engineers, together with all 
other costs, including the fees of the county clerk, in 
hke manner and with like effects as fee bills are issued 
by the clerk of the cireuit court, and shall be collected 
as provided by law. 

Sec. 1419. It shall be lawful for any person inter- 
ested in the location of said proposed ditch or work 
to file with the court, on or before the day set for the 
making and the hearing of the report of the viewers 
appointed to make such preliminary survey of said 
proposed ditch or work, a remonstrance or objection 
in writing against the ditch or work as located by the 
petition and report of the viewers across his lands, by 
setting forth his grievances therein, which shall be 
heard by the county court and filed with the petition, 
a minute of which shall be made in the certified order 
to the viewers who shall make the estimates. The pe- 
titioners shall be released from their bonds when the 
eounty court shall find from the report of viewers in 
favor of making the improvements. 

Sec. 1420. If the county court shall find from the 
report in favor of making the improvement, the lands 
which will be affected thereby or assessed therefor 
shall constitute a drainage district for the purposes of 
this act, which shall be designated by number, and 
the court shall cause to be entered upon its records an 
order directing the viewers to go upon the line de- 
seribed in the order with a competent civil engineer 
and survey and level the same and set a stake at every 
one hundred feet, numbering down stream, mark the 
intersections of boundaries of lands, townships and 
county lines, landmarks, bench-marks and road cross- 
ings, and make’a report, profile and plat of the same, 
and estimate the number of cubic yards of earth or 


D 


other substances to be removed, and the cost per cubic 
yard for each section of one hundred feet, and for the 
whole work. They shall also make and return a sched- 
ule of all lots and lands and public or corporate roads 
or railroads that will be benefited or damaged by the 
improvement, and the damage or benefit to each tract 
of forty acres or less, and make separate estimates 
of the cost of location and construction, and apportion 
the same to each in proportion to the benefits or dam- 
ages which will result to each. If so ordered by the 
court, they shall also apportion and allot the con- 
struction of the number of lineal feet and cubic yards 
of said work to each lot or tract of land, road or rail- 
road in proportion to the estimate of the benefit or dam- 
ages as above described. They shall specify the man- 
ner and time in which the improvement shall be made 
and completed, the number of flood gates, waterways, 
farm crossings, bridges and dimensions thereof, and 
note the county and township lines and railroad cross- 
ings. The plat shall be drawn upon a scale sufficiently 
large to represent all the meanderings of said improve- 
ment, and shall distinctly show the boundary lines of 
each lot or tract of land, and each road or railroad to 
be benefited thereby, the name of the owner of each 
tract of land as the same appears upon the tax 
books at the time, the authority or company having 
in charge, owning or controlling each public or corpo- 
rate road or railroad, the distance in feet through each 
tract or parcel of land, together with such other matters 
as the viewers, surveyor or engineer may deem mate- 
terial. The profile shall show the surface, the grade 
line and grade, if any fixed, and the viewers and engi- 
neer shall make and file with the report an itemized 
bill of @osts made in the proper discharge of their 
duties, and shall file their report with the clerk of the 
court within thirty days after making said survey and 
levels. 

See. 1421. The viewers shall have the power to 
eondemn the right of way to the ditch, and when dam- 
ages are allowed persons, their assessments shall be 
reduced that amount, or if benefited, their benefits shall 
be taken into consideration when they are assessed for 
the construction of the drain, and the Viewers shall re- 
port the proceedings of right of way to the county 
court. 6 


Sec. 1422. Upon the filing of the report of the 
viewers, the county clerk shall immediately set the 
hearing of the same for the first day of the next regu- 
lar term of the county court. He shall thereupon issue 
a Summons and deliver to the petitioners, or any one of 
them, if so requested at the time, before issuing thereof, 
and if not so requested, then to the sheriff of the 
county, to be served upon the owners or owner or agent 
or tenant of such owner of any lot or parcel of land 
affected by the proposed improvement, requiring them 
to appear before the county court on the day fixed 
for the hearing of said petition and report, which sum- 
mons shall be served at least ten days before the day 
fixed for the hearing, the service of which summons, if 
not served by the sheriff, shall be proved by affidavit 
of the party serving the same. If it shall appear by the 
affidavit of any person interested that the residence 
of the owner or owners of any lot or parcel of real 
estate affected by said improvement is without the 
county in which the work is located, or cannot be 
learned, and that such owners have no agent or tenant 
resident in such county, the county clerk shall cause a 
notice to be given by publication for one week fifteen 
days before the hearing of such petition. 

See. 1423. The court shall first determine whether 
the required notice has been given. If they find that 
due notice has not been given, they shall continue the 
hearing to a day fixed by them and order the notice 
to be served as herein provided; and when they find 
that due notice has been given they shall examine the 
report of the viewers and the apportionment by them 
made, and if it is in all things fair and just, according 
to the benefits, they shall approve and confirm the 
same. If, however, the county court shall find that the 
location of said ditch or the apportionment reported 
by the viewers is unfair and unjust, and ought not to 
be confirmed, they may make an order changing the 
location or dimension of said ditch or any part thereof 
and amend the report upon the evidence so as to make 
it fair and just in proportion to the benefits. 

Sec. 1424. All lands benefited by public ditch, 
drain or water course, or by widening, deepening or 
enlarging the same, shall be assessed or reassessed in 
proportion to the benefits of the construction, widening, 


7 


deepening or enlarging thereof, whether it passes 
through ‘said land or not, and viewers in estimating 
the benefits to lands not traversed by such ditch shall 
not consider what benefits will be received after some 
other ditch or ditches shall be constructed, but only 
the benefits that will be received by the construction, 
widening, deepening or enlarging of the public ditch, as 
it affords an outlet for the drainage of such lands. No 
assessments or reassessments shall be made of benefits 
to any lands upon any other principle other than that 
of such benefits derived; and no lands lying below shall 
be assessed or reassessed for the benefit of lands lying 
above, but all assessments or reassessments shall be 
made on the basis of benefits accorded by reason of the 
construction, widening, deepening or enlarging of the 
improvement, and of giving an outlet for drainage. In 
estimating damages the viewers and county courts shall 
take into consideration other drains appropriated as 
well as lands, and the direction of the drain across said 
land. 

The estimate for location expenses shall include 
the amount of the costs reported by the' viewers, to- 
gether with a reasonable provision of properly inspect- 
ing and receiving the work, and all fees of officers as 
herein provided, including making the records and ex- 
ecuting all orders and process of the court, including 
fees for all publications. 

The county courts shall allow reasonable attorney’s 
fee in case an attorney has been appointed by the court 
to assist in the work provided for by this act. (As 
amended March 26, 1907.) | 

See. 1425. If the route is upon the section line or 
subdivision of a section where a public road may be 
required, and in all cases where the route is along a 
highway already established, the ditch shall be located 
at sufficient distance from the center of such highway 
to admit of a good road along such central line. The 
earth taken from the ditch so located shall be placed 
upon the roadway [so] as not to injure the same, and no 
part of such earth shall be left nearer to such ditch 
than six feet. 

See. 1426. In locating a public ditch, drain or 
water course, the viewers may vary from the line de- 
scribed in the petition as they deem best. Provided, 


8 


they commence at the point described in the petition 
and follow down the line therein described ‘as nearly as 
practicable; and provided further, that when there is 
not sufficient in length of the route deseribed in the 
petition to drain the lands adjacent thereto, they may 
extend the ditch below the outlet named in the petition 
far enough, not exceeding one-half mile, to obtain suf- 
ficient fall or outlet. And when it will not be detrimen- 
tal to the usefulness of the whole work, they shall, so 
far as practicable, locate the litech on the division lines 
between land owned by different persons; and they 
shall, so far as practicable, avoid laying the same diag- 
onally across the land, but they must not sacrifice the 
general utility of the ditch to avoid diagonal lines. And 
all persons whose lands may be affected by said ditch 
may appear before the viewers and freely express their 
opinion on all matters pertaining thereto. 

See. 1427. When any ditch established under the 
provision of this act drains, either in whole or in part, 
any public road or corporate road or railroad, or ben- 
efits any such road or roads so that the roadbed or 
traveled track of any such road will be made better 
by the construction of such ditch, the viewers shall ap- 
portion through the county, if a county, or State, or free 
turnpike road, to the company, if a corporate road or 
railroad, such portion of the cost and expenses thereof 
as to private individuals, and require them to pay said 
eosts or perform said labor in like manner as individ- 
uals. 

Sec. 1428. Anv person or corporation party to 
proceedings may, on filing the bonds, to be approved by 
the county court, conditioned to pay- all costs ocea- 
sioned thereby, file exceptions to the apportionment, or 
to any claim for compensation or damages at any time 
before the day set for the hearing of said report by the 
court. The county court may hear testimony and ex- 
amine witnesses upon all questions made by the ex- 
ceptions, and for that purpose may compel the attend- 
ance of witnesses by subpoena, and their decisions upon 
each of the exceptions shall be entered of record; and 
if they sustain the exceptions the cost of hearing the 
same shall be paid out of the county treasury, and if 
they overrule the same such cost shall be taxed against 
the person or corporation filing the exception. Any 


9 


person or corporation may appeal from the order of 
the court, and upon such appeal may determine either 
of the following questions: 

Furst. Whether such improvement will be con- 
ducive of public health, convenience or welfare, or the 
location of any part changed. 

Second. Whether the route is practicable. 

Third. Whether the compensation has been al- 
lowed for property appropriated. 

Fourth. Whether proper damages have been al- 
lowed for property affected by the improvements. 

The appellant shall pray an appeal to the circuit 
court and file a motion in writing specifying therein the 
matters appealed from; which motion shall be filed 
and recorded. The county court shall then fix the 
amount of bonds to be given by the appellant, and cause 
an order thereof to be made on their record. The party 
appealing shall within ten days thereafter file with the 
county clerk a bond in the amount fixed by the county 
court, with at least two: good and sufficient sureties, to 
be approved by the clerk, conditioned to pay all costs 
made on the appeal in case the appellant fails to sus- 
tain the same or the appeal be dismissed for any reason, 
and the said clerk shall make a complete transcript of 
the proceedings had before the county court and certify 
the same with all the original papers filed in his cffice 
and file them in the office of the clerk of the circuit 
court within thirty days from the day of filing said 
bond. 

See. 1429. The clerk of the circuit court shall 
docket said appeal, styling the appellant the plaintiff 
and petitioner or petitioners the defendant; and if the 
appellant is the only petitioner, then it shall be docketed 
as an ex parte proceeding, and said cause shall stand 
fior trial and be tried as other appeal cases are tried 
in the circuit court. After the trial and judgment in 
the circuit court the clerk shall retransmit to the county 
clerk all the original papers or certified copies thereof 
in said appeal and. proceedings therein filed in his office 
by the county clerk, together with a transcript of the 
proceedings had in the circuit court, including a certi- 
fied copy of the finding, verdict and judgment of said 
court. The county court, at its next regular or special 
meeting, shall proceed with said petition in accordance 


10 


with the judgment of the circuit court; the clerk of the 
circuit court shall also certify an itemized statement of 
the cost accrued in the circuit court, and such costs shall 
be paid as hereinbefore provided. 

Sec. 1430. After the transcript of the proceedings 
had in the cireuit court, and all other papers in the case 
are returned to the office of the county clerk, the county 
court shall cause such entries to be made on its records 
as may be necesary to give effect to the judgment of the 
circuit court, or if there be no appeal, the county court 
shall fix the time for the sale of the construction of the 
improvement at public outcry in sections of not less 
than the number of lineal feet apportioned to each lot 
or separate tract of land, public or corporate road or 
railroad, if apportioned and allotted, or as the court 
shall direct if not allotted, and shall cause notice to be 
given by the county clerk of the time and place of sale, 
and shall direct the engineers who help make the ap- 
portionment or some competent engineer to attend at 
the time and place of sale, to superintend and conduct 
the same, who shali receive all bids for the construc- 
tion of the improvement, and make contracts in writing 
with the lowest responsible bidder, and take good and 
sufficient bonds for the construction of the improve- 
ments, conditioned for the completion of the work 
within the time fixed in the contracts, in a sum not less 
than double the estimated value of the part bid off and 
contracted to be performed by each. The notice of the 
time and place of sales required above shall be by three 
consecutive publications in a newspaper printed and 
eirculated in the county, the last to be ten days befiore 
the date of such bidding, and shall describe the im- 
provement proposed by its proper name as indexed by 
the county clerk; provided, that the owner or owners of 
any lot of land affected by the improvement shall have 
an opportunity of constructing that part of the im- 
provement apportioned to ‘his land at the estimated cost 
thereof under and subject to all other terms and con- 
ditions imposed on contractors, but notice of such inten- 
tions, with a bond, shall be given the engineer before the 
hour of sale of the improvement, as set forth in this 
section, or such privilege shall be deemed waived. 

See. 1431. No bids shall be entertained which ex- 
ceed the estimated cost of the construction more than 


11 


twenty-five per cent in any case. The engineer shall 
sell, or offer to sell, first the job or labor of construc- 
tion of the working sections as directed in the order of 
the court, announcing the terms and time in which the 
work shall be done, and receiving no bids within the 
estimated price, he shall offer with such section, if 
deemed best, the next section or sections until a bid is 
received including all the unsold sections offered, he 
shall make contracts and take bonds as aforesaid, and 
report his doings to the county clerk within five days 
from the date of the sale, and return the contracts and 
bonds to the county clerk. The contracts shall be ap- 
proved jr disapproved by the county court, who shall 
then require an entry of the filing and approval of the 
bond and approval of the contracts on its records, 
copving in said records the bonds; and the contractors 
shall be notified of the approval ior disapproval of the 
eontracts and bonds, and the contractor for each job 
shall be liable on his bond so given for all delays after 
the expiration of the time therein named for the com- 
pletion of the job, and for the payment of all damages 
which may accrue by reason of the failure to complete 
the job within the time required in the contract there- 
for, and for all damages that may accrue for failing 
to complete the same in the manner provided by the 
contract. The county court, for good and sufficient 
reasons, may extend the time of completing the con- 
tracts for the construction of the ditch. 

Sec. 1432. It shall be the duty of the engineer, on 
being notified by any landowner that his allotment, or 
by any contractor that his allotment or job is com- 
pleted, to inspect the same, and if he finds that it is 
completed according to the specifications of the report 
on which the ditch was established, he shall accept and 
give to the landowner, or in case the job has been sold 
to a contractor, then to the contractor, a certificate of 
acceptance, stating that the allotment or job is com- 
pleted aceording to such specifications. And if any 
share or allotment has been sold to a person not the 
owner of the lands assessed therefor. he shall, in addi- 
tion, state the amount due the contractor for construct- 
ing the same, which certificate shall be a len upon the 
lands assessed for such share or allotment, and the 
holder of said certificate shall file the same with the 


12 


county clerk, if he is not the owner of the land, who 
shall number them; said county clerk shall charge the 
amount mentioned in said certificate on the tax book 
against the land assessed with such allotment, to be 
collected as taxes are collected, and the county clerk 
Shall issue warrants numbered correspondingly with 
said certificates, drawn upon the county treasurer, for 
the amount of each certificate, payable out of the funds 
of such drainage district, which shall bear interest at 
the rate of 6 per cent per annum until paid. 

Sec. 1433. In leu of bonds the county court may 
issue warrants on the ditching districts, payable for 
ditch assessments and all other demands against the 
ditching district, such warrants drawing interest at the 
rate of 6 per cent per annum, and of such denominations 
as will be convenient to pay the said assessments and 
demands against the land for the proposed improve- 
ments. : 

Section 1434. When the working sections of the 
improvement are let as hereinbefore provided, and the 
costs of location ana of construction, widening, deepen- 
ing or enlarging, and all compensations and damages 
shall be ascertained, the county court shall meet and 
determine at what time and in what number of assess- 
ments or reassessments they will require the same to 
be paid, and order that the assessment or reassess- 
ments, as confirmed by them, be placed on the tax book 
against the lot of land assessed or reassessed. They 
shall issue bonds upon such district if prayed for in the 
petition, in denominations of not less than fifty dollars, 
based on such asessments or reassessments, to raise the 
money necessary tio: pay such costs and expenses, and 
such bonds may be issued for a term of years not less 
than ten years or over thirty years, at a rate of inter- 
est not exceeding 6 per cent per annum, payable an- 
nually, and they shall cause an entry to be made on 
their record setting forth their finding and orders under 
this section; provided, such bonds shall show upon their 
face the purpose for which they are issued, and shall 
be payable out of moneys derived from such assess- 
ments or reassessments, and none other. (As amended 
March 26, 1907). 

See. 1435. The said assessment shall be entered by 
the county clerk in a special book to be known as the 


13 


Ditch Assessment Biook, which shall be provided by him 
at the expense of the county, and said assessment and 
such interest thereon, not exceeding 6 per cent per 
annum, as may be fixed by the court, at the time of its 
confirmation of the assessment, or within sixty days 
thereafter, and all costs of collecting delinquent assess- 
ments or any installments thereof, or the interest due 
for any year jor years, including an attorney’s fee of 10 
per cent on the amount of such assessment, installment, 
or interest thereof sued for, shall constitute a first and 
a paramount lien upon the lands assessed, and shall be 
collected in the same manner that the taxes are col- 
lected, and the collector shall bring suit for all delin- 
quent assessments or installments thereof, interest 
thereon, or any interest that may be due upon any 
bonds of any drainage district, and said fee within 
sixty days after an assessment or installment thereof, 
or interest on bonds, shall become delinquent. The 
title acquired through any sale of lands under a judg- 
ment for a delinquent assessment or installment thereof, 
or interest due on any bonds or upon any installment 
of any bonds issued against said lands, shall be subject 
to the lien of all said assessments and said interest, 
bonds and costs then unpaid. 

All costs, except of construction and collection of 
delinquent assessments or installments not taxable to 
the petitioners, remonstrants or appellants, shall be 
paid out of the county treasury and be refunded to the 
county out of the first money received upon assessments 
or from the sale of bonds issued under the provisions 
of this act. 

After such costs are refunded, such damages, if 
any, as are allowed to landowners or others, shall be 
next paid. (As amended March 26, 1907.) 

See. 1436. The liens established and declared in 
the preceding section shall be enforced by an action in 
the chancery court, without regard to the amount of 
such claim, and shall be instituted by the collector of 
the county in which the lands are located, and said 
court shall give judgment against the persons claim- 
ing to be owners of such lands, if known to said col- 
lector, for the amiount of such assessments, installments 
thereof, or bonds which are due, or any interest on any 
bonds, and attorney’s fee of 10 per cent. If the owner- 


14 


ship of any such delinquent lands be unknown to said 
collector, such lands may be proceeded against as above 
set forth, for the collection of such assessments, install- 
ments, interest and fee, and costs due thereon, as being 
owned by unknown owners. Said judgment shall pro- 
vide for sale of said delinquent lands for cash, by a 
commissioner of the court, after advertisement as here- 
inafter set out. Said proceedings and judgment shall 
be in the nature of a proceeding in rem, and it shall be 
immaterial if said ownership of said lands may be 
incorrectly alleged in said proceeding, and such judg- 
ment shall be enforced wholly against said land and 
not against any other property or estate of said de- 
fendant. All or any part iof said delinquent lands in 
any one county may be included in one suit instituted 
for the collection of the money so delinquent, as afore- 
said, and all delinquent owners of said land, including 
those unknown as aforesaid, may be included in said 
lone suit as defendants, and notice of the pendency of 
such suit shall be given when such suits may be pending 
by publication weekly for four weeks prior to the day 
of the term of court on which final judgment may be 
entered for the sale of said land, in some newspaper 
published in the county where such suit may be pend- 
ing, which public notice may be in the following form: 


Drammage, District Now. .on 


Vv. 
Delinquent Lands. 
: NOTICE. 


The following named persons and corporations, 
and all others having or claiming to have an interest in 
any of the following described lands, are hereby notified 
Biatssit 18) pending in) bine Lk eae ea Chancery 
ETON NUT? 0) RAD Ua TORS SRE IS CIE FO County, Arkansas, to 
enforce the collection of certain (here insert what is 
sought to be collected, and if it be interest on bonds, 
state for what year same is due), and on the subjoined 
list of lands, each supposed owner’s lands being set op- 
posite his, her or its name, respectively, together with 
the amounts severally due from each, to-wit (Then 
shall follow a list of supposed owners with a descrip- 
tive list of said delinquent lands and amounts due there- 
on, respectively, as aforesaid, and said published notice 

15 


conclude in the following form) : ‘‘Said persons, corpo- 
rations, and all others interested in said lands are 
hereby notified that they are required by law to appear 
and make defense to said suit, or the same will be taken 
as confessed, and judgment final will be entered, direct- 
ing the sale of said lands for the purpose of collecting 
the amount delinquent thereon, together with costs al- 
lowed by law. 

Said suit shall stand for trial at the first term of 
court after the complaint be filed if four weeks shall 
have expired, either before the first day of the term 
or during the term of court to which said, suits are 
brought, respectively, unless a continuance is granted 
for good cause shown within the discretion of the court, 
and such continuance for good cause shown may be 
granted as to a part of said lands, or defendants, with- 
out affecting the duty of the court to dispose finally of 
the others, as to whom no continuance may be granted, 
and in all cases where notice has been properly given as 
aforesaid, and where no answer has been filed, or if 
filed, and the cause decided for the plaintiff, the court, 
by its decree, shall grant the relief as prayed in the 
complaint, and a commissioner shall be appointed by 
said court with directions to sell the land described in 
the decree at the court house door of the county wherein 
the decree is rendered, at public outery, to the highest 
bidder for cash in hand, after having first advertised 
such sale (said advertisement may include all the lands 
described in the decree) weekly for two weeks consec- 
utively in some newspaper published in the county, if 
there be one, and 1f no such newspaper, then that such 
advertisement be published in some newspaper in an 
adjoining county, and if all of the lands be not sold on 
the day as advertised, such sale shall continue from day 
to day until completed, and said commissioner shall, by 
proper deeds, convey to the purchasers the lands so 
sold, and the titles to said lands shall thereupon be- 
come vested in such purchasers as against all others 
whomsoever, saving to infants and insane persons the 
right to come into said court, at any time within one 
year after their disabilities are removed, and redeem 
said land. 

Provided, That said title which shall so pass shall 
be subject to all other installments, assessments, bonds 


16 


of interest, of like kind which constitute a lien then 
unpaid, and such deeds by the commissioner when duly 
executed in substantial confiormity to the provisions 
of this act, and recorded, shall be received as evidence 
in all cases, showing an indivisable [indefeasable] title 
in such purchasers, unassailable in either law or equity. 
Provided, that at any time within three years from the 
date of the sale of said land, as aforesaid, the owner 
of the lands may file his petition in the court, render- 
ing the decree, alleging the payment of the amount for 
which the len was decreed against said land in said 
suit, and upon proving the same the court shall va- 
eate and set aside said decree and sale. 

said suit shall be conducted in accordance with 
the practice and proceedings of chancery courts in this 
State, except as otherwise provided herein, and except 
that neither attorneys nor guardians ad litem, nor any 
provisions of section 6254 of Kirby’s Digest to the 
Statutes of Arkansas shall be required and except that 
said suits may be disposed of on oral testimony, as in 
ordinary suits of lawy. And this law shall be liberally 
construed to give said assessment lists and bonds, the 
interest thereon, the said attorney’s fee of 10 per cent, 
the effect of bona fide mortgages for a valuable consid- 
eration, and a first lien upon said land, as against all 
persons having an interest therein. 

Provided, That no informality or irregularity of 
the organization of said drainage district or in the de- 
scription of lands or the assessments thereof, or in the 
names of the owners, or of the number of acres therein, 
shall be a valid defense to such action. 

In any case where assessments or interest on bonds 
issued under this act, of which this act is amendatory, 
shall have become delinquent for any number of years, 
and remain unpaid, the collector in the county in 
which said lands are located, against which said bonds 
are issued, shall include in one suit not only all of the 
lands upon which said interest is delinquent, and shall 
sue for the interest delinquent, whether for one vear or 
more, and it shall not be a valid defense to said suit 
that said suits were not instituted by the collector 
within the time specified in the original act, of which 
this act is amendatory. 

Provided, The interest on all bonds issued under 
and by virtue of the act, of which this act is amend- 

17 


atory, shall be deemed delinquent on the 10th day of 
April next, after said interest shall become due. 

Provided, That suits under this act may be priose- 
cuted by the real parties in interest, if the collector 
shall refuse or neglect to institute suits as herein pro- 
vided, and said suits shall proceed in the same manner 
as if filed by the collector. (As amended March 26, 
1907.) , 

Sec. 1487. The county court of any county in this 
State is hereby authorized to issue bonds in denomi- 
nations of not less than fifty dollars, and sell the same 
to meet the expenses of constructing, widening or en- 
larging any ditch or improvement under the provisions 
of this act, which bonds shall mature at annual inter- 
vals, commencing after a period of ten years, and not 
exceeding extending beyond thirty years, bearing inter- 
est at not to exceed 6 per cent per annum, payable 
annually, which bonds shall be sold by the county 
treasurer, without expense to the county, to the highest 
- and best bidder, after the county court shall have fixed 
the time and place of such sale, and given notice thereof 
by publication in one weekly newspaper published in 
the county, and by posting notices at the door of the 
court house; but in no case shall any such bond be 
sold for less than its par value. To meet the payment 
of such bonds, principal and interest, the assessments 
or reassessments against the realty affected by the 
proposed improvements shall be divided into such sums 
as shall be sufficient [to] pay such bonds as they become 
due, and shall be entered upon the tax books against 
said land and be collected in the same manner as taxes 
are collected, and applied to the payment of said bonds, 
principal and interest, and to no other purpose, except 
as herein provided, and the payment of said bonds 
shall be thus secured. (As amended March 26, 1907.) 

Sec. 1438. When a ditch is petitioned for, or a 
petition filed for the widening, deepening or enlarging 
of the same, which will require a location in more than 
ione county, application shall be made to the county 
court of each of said counties, by petitions as provided 
for ditches located wholly in one county, for the location 
and construction, widening, deepening or enlarging of 
the same for that portion of said ditch which should 
be charged to the lands benefited within such county. 


18 


The county court of each county interested in such 
ditch or addition or additions thereto shall appoint one 
qualified viewer. 

Said viewers shall meet within ten days after 
their appointment at the court house in the county in 
which the proposed ditch or addition or additions 
thereto will begin, and engage a competent engineer 
to assist them. They shall proceed at once to view the 
line of the proposed ditch or improvement and report, 
by actual view of the premises along and adjacent 
thereto whether the proposed improvement is unneces- 
sary or will be conducive to the public health, conve- 
nience or welfare, and report the best route for the 
proposed ditch or drain, or widening, deepening or 
enlarging the same. They shall ascertain by actual 
examination, and such reliable information as they 
ean obtain, what lands, roads and railroads will be 
benefit[ed] in each county, and the relative degree of 
such benefits. They shall report their findings in writ- 
ing in dupheate to the county court of each county at 
the next regular term, together with duplicate maps 
showing the location of each proposed improvement, 
and the lands, roads and railroads which will be bene- 
fited, which report and map shall set forth as fully 
as possible all matters affecting the interest of the 
lands which will be benefited in each county, and they 
shall estimate the proportion of such work which shall 
be charged to the lands, roads and railroads of each 
county, and they shall submit therewith an itemized 
bill in duplicate of their necessary expenses, including 
also per diem at the rate of three dollars per day for 
each viewer, and five dollars [per day] for the engineer, 
and one dollar and fifty cents per day for each assist- 
ant, and apportion said cost to each county, in pro- 
portion to the apportionment of such ditch to each 
county. (As amended March 26, 1907.) 

Sec. 1439. When such report shall have been filed 
in the office of the clerks of the county courts of the 
several counties and the same shall have been consid- 
ered by said courts, it shall be the duty of the clerks 
of each of said courts to certify to the clerks of the 
other courts the action of his court therein. If the 
several courts find, upon the report of the viewers, or 
of the commissioners hereinafter provided for, against 


19 


the improvement, each court shall dismiss the petition 
and charge the cost as a portion against the petitioners. 
If the several courts find in favor of making improve- 
ments, each shall appoint two additional viewers, qual- 
ified as other viewers, who shall proceed with the first 
viewer and a competent engineer to stake out, estimate 
and apportion of said ditch or drain apportioned to 
said county in the same manner as if said ditch was 
located wholly in said county, and the proceedings 
necessary in all things to the construction iof said work 
shall be in the same manner as if such ditch was located 
wholly in such county, as heretofore provided. The 
viewers of the several counties, when appointed, shall 
select one engineer who shall have charge of the engi- 
neering work of the entire ditch, drain or improvement, 
who shall be paid the sum of five dollars per day for 
the time actually engaged by the several counties in 
proportion to the work charged to each county. 

Sec. 1440. If any county court object tio the report 
of the viewers, but does not find against the proposed 
improvement, each court shall appoint two commis- 
sicners, who shall qualify as viewers. They shall be 
furnished with a transcript of the objectizns of the 
several courts, and shall meet at the office of the 
eounty clerk of the county in which the source of the 
improvement is situated, at a time to be named by 
said clerk, and within twenty days from their appoint- 
ment, and shall proceed to consider the report of the 
viewers and also the objections of the courts, and may 
make such examination of the proposed improvements 
and districts as shall seem to them advisable, and may 
amend the report by changing the size, location ior plan 
of the proposed improvement or the apportionment of 
the work, and shall make a written report to each county 
court of their actions and findings within twenty days. 
Such report shall be accompanied by an itemized bill 
of their necessary expenses, including a per diem allow- 
ance of three dollars a day for each commissioner and 
five for the engineer. 

Sec, 1441. The county court may, when the same 
is necessary for the public health, convenience of wel- 
fare, cause to be constructed or enlarged any bridge 
or culvert made necessary by the crossing of any ditch 
constructed under the provisions of this act; provided, 
however, that if such bridge or culvert shall belong 

20 


to any corporation other than the county, the county 
clerk shall give such corporation notice by delivering to 
its agent the order of the court declaring the necessity 
for constructing or enlarging such bridge or culvert and 
the time in wlrich the work is to be done. <A failure to 
construct or enlarge such bridge or culvert within the 
time specified shall be taken as a refusal to do said work, 
and thereupon the county court shall proceed to let the 
work of constructing or enlarging the same, and assess 
the corporation with the cost thereof, and the county 
clerk shall place such assessment on the tax book against 
said corporation, and it shall be a lien upon the prop- 
erty of the corporation, to be collected as other taxes. 
But before the county court shall let such work they 
shall give the agent of such corporation at least ten 
days’ actual notice of the time and the place of letting 
such work. 

Sec. 1442. The road overseers of each county are 
hereby required and it is made their duty to keep such 
ditch or improvement open and free from all obstruc- 
tion, and shall keep the banks thereof free from willows 
and other vegetation which may have a tendency to 
grow up in the water of or along the banks of said 
ditch or improvement to the extent of the distance the 
same traverses the district of each overseer of the said 
road districts, through which said ditch or improve- 
ment is located, and for the services of such overseer 
or overseers in so keeping such ditch or improvement 
free from obstruction as herein provided, said overseer 
or overseers shall be allowed the sum of two dollars 
per day for such time as such overseer or overseers 
shall be actually engaged in said work, said sum to be 
charged to said ditch or improvement as a part of the 
cost and expenses and to be collected as provided in 
this act. Upon the written complaint of any landowner 
affected by said ditch or improvement to the county 
[court], in term time or vacation, it is hereby made the 
duty of said county court to cause the clerk thereof to 
notify said overseer to remove any obstruction men- 
tioned in said written notice, and the failure of said 
overseer to remove or cause to be removed said ob- 
struction is hereby made a misdemeanor, for which a 
fine shall be imposed by any court having jurisdiction, 
to hear and determine misdemeanors, which fine shall 


21 


be any sum not less than ten dollars nor more than 
fifty dollars, and may be removed from office at the 
discretion of the county court. (As amended March 
26, 1907.) 

Sec. 1443. Any person or persons, company or 
corporation who obstructs any such ditch or improve- 
ment constructed under the provisions of this act, or 
any ditch or improvement heretofore constructed, or 
of any bayou or other water course, by placing therein 
any log or logs, brush, vegetation, sawdust or dam, 
shall be guilty of a misdemeanor, and upon conviction 
shall be fined in any sum not less than twenty-five 
dollars nor more than two hundred and fifty dollars, or 
by imprisonment not exceeding six months in the 
county jail, or by both fine and imprisonment, at the 
discretion of the court or jury trying the case. (As 
amended March 26, 1907.) 

Sec. 1444. The terms ‘‘regular session’’ and 
‘‘reoular meeting’’ of the county court, as used in this 
act, shall be held to include only the regular session of 
such court provided for by the laws of Arkansas, and 
the word ‘‘ditch,’’ as wsed in this act shall be held to 
include a drain or water course, and the petition for 
any public ditch may include any side, lateral spur or 
branch ditch or levee necessary to secure the object of 
the improvement. 

See. 1445. If any engineer, clerk of the county 
court or clerk of the circuit court shall neglect or refuse 
to perform any duty imposed by the provisions of this 
act he shall forfeit and pay a fine of twenty-five dollars 
for every such refusal, to be recovered by proper 
process. 

See. 1446. The county clerk shall make in a book 
to be provided for that purpose, at the expense of the 
county, a complete record of each ditch improvement 
made in his county under the provision of this act. It 
shall include the petition, bond, report of the viewers, 
surveyor and engineer, and all record entries made, 
together with all plats and papers necessary to show 
a complete history of all that is done in the case. 

Sec. 1447. The following fees shall be allowed for 
services actually rendered under the provisions of this 
act: The reviewers shall receive three dollars per 
day for the time actually employed; the surveyor or 


22 


engineer shall be allowed five dollars per day for the 
time actually employed by him where the ditch is wholly 
im one county; each chainman, axman and rodman, one 
dollar and fifty cents per day; for printing there shall 
be allowed fifty cents per square for the first insertion 
and twenty-five cents for each additional insertion, 
actual printed matter nonpareil estimate; the fees of 
the clerk, sheriff and witnesses shall be the same as 
allowed them by law for like services in civil cases 
in the circuit court; the county clerk shall receive for 
filing each paper connected with the case three cents; 
for issuing such summons and subpcena, twenty cents; 
for approving and filing each bond, twenty-five cents; 
for recording or copying for each one hundred words, 
ten cents. 

Sec. 1448. All fees under this act shall be paid out 
of the county treasury when claims therefor are allowed 
by the county court, and the general county fund shall 
be reimbursed out of the money realized from the sale 
of bonds or collection of assessments. 

See. 1449. Suits on bonds for costs, and the per- 
formance and completion of work on' contracts shall be 
brought in the name of the State of Arkansas at the re- 
lation and to the use of the collector of the revenue of 
such county in which work was done, contract made 
and bond given. 

See. 1450. Any person or corporation, copartner- 
ship or other parties owning lands assessed for the con- 
struction of any ditch or other improvement under the 
provision of this act shall have the privilege of paying 
such assessment to the county treasurer at any time 
before the bonds therefor are issued. He shall present 
the treasurer’s receipt therefor to the county clerk, 
who shall enter upon the schedule of lands, opposite 
each tract for which payment is made, the words ‘‘paid 
in full,’’ and such assessment shall be deemed satisfied 
and shall not be entered upon the ditch tax books. 
(Act April 23, 1903.) 


23 


ACT 53 (1905). 

AN ACT to provide a method for the exercise of the 
right of eminent domain by levee, drainage and 
ditching districts. 

Be wt enacted by the General Assembly of the State of 
Arkansas: 


Section 1. The board of directors of the St. Fran- 
eis Levee District and all other levee and drainage 
districts organized under the laws of the State of 
Arkansas are hereby authorized and empowered to 
enter upon, take and hold any lands or premises what- 
ever, whether by purchase, grant, donation, devise, or 
otherwise, that may be necessary and proper for ‘the 
location, relocation, construction, repair or maintain- 
ing any line of levees, drains, canals or ditches which 
may be authorized or necessary for any levee or drain- 
age district to construct or make for the purpose of 
relieving any levee or land adjacent thereto from in- 
jury, want of drainage, or for the construction of any 
drain, ditch or canal authorized to be constructed, and 
that any district having the authority to construct 
levees, ditches, drains or canals is authorized and em- 
powered to cut and remove trees, timber and other 
material that may fall or otherwise encumber or en- 
danger the levees, ditches, canals, drainage or any 
part thereof, and that all levee and drainage districts 
shall have power to acquire by compromise or by agree- 
ment with the ‘owner, or owners, or if such owner or 
owners be minors, insane persons, or if the lands be- 
long to the estate of deceased persons, then with the 
curator, executor or administrator, all property and 
right of way acquired by them, and they may settle all 
claims for compensation or damages on account of 
right of way for the construction of levees, ditches, 
eanals or drains, or material for the construction, main- 
tenance or repair of any levee, drain, canal or ditch, 
and such executor, administrator or curator shal] be 
responsible, on their bonds, for the,money or other 
things received in such settlement, and in case of such 
settlement, the said owner, curator, administrator or 
executor shall have the power to convey to such levee 
or drainage district the right of way, material or other 
property so required, and said conveyance shall vest 


24 


such levee or drainage district with the title to the 
right of way of property thus acquired. 

See. 2. That circuit judges of all counties where 
it becomes necessary to condemn right of way for the 
purpose of constructing levees, ditches, drains or canals 
shall, upon the application of the president ‘or secre- 
tary of any levee or drainage district, appoint three 
disinterested resident landholders of such county, to be 
known as appraisers, to assess damages for the appro- 
priation of land for levee and drainage purposes, which 
appraisers shall hold their offices for the term of one 
year, and until their successors are duly appointed and 
qualified, and in the event of a vacancy in such office, 
or the removal from the county by an appraiser for 
which he was appointed, then it shall be the duty of 
the circuit judge, as soon as notified of such vacancy; 
to fill the unexpired term of said office by appointment. 
The appointment shall be made in writing by the cir- 
cuit judge of the county in which it is necessary to con- 
struct a levee, ditch, canal or drain, which appointment 
shall be filed with the circuit court clerk by the judge, 
who shall record the appointment in a book to be by him 
kept for that purpose. ‘That such appraisers shall 
each take an oath before the clerk of the cireuit court 
in their respective counties, that they will make a 
just and true award of the compensation to be paid 
any landholder, landholders or other persons, which 
shall be the cash market value of the lands appropri- 
ated, or intended to be appropriated, for either levee, 
drain, ditch or canal purposes; the damage resulting 
to other lands of the same tract or obstruction to nat- 
ural drainage, not exceeding the cost of artificial drain- 
age, and inconvenience, if any, of crossing either the 
levees, ditches, canals or drains, from one portion of 
the tract of land to the other, and the value of crops 
and houses on the right of way, or the cost of moving 
the houses, which oath shall be recorded in the book 
provided for the record of the appointment of such 
appraisers, and shall authorize such appraisers sever- 
ally to enter upon the discharge of their respective 
duties. In the event of one or more of the appraisers 
who may be appointed under the provisions of this act 
shall be interested in any property to be condemned, 
such interested appraiser or appraisers shall not act 


29 


in the condemnation of such property, or if one or more 
of the appraisers shall refuse or neglect to act, it shall 
be the duty of the circuit judge, or judges, to appoint 
another appraiser, or appraisers, whose appointment 
shall be recorded the same as the regular appraiser, 
and who shall take the same oath of ‘office. 

See. 3. Whenever any levee or drainage district 
deems it necessary to take or use or appropriate any 
right of way, land, material or other property for levee, 
drain, ditch or canal purposes hereinbefore mentioned, 
or when the same has already -been used, or taken, or 
appropriated, then the said levee or drainage district, 
by its president, secretary, attorney or other authorized 
agent, may file a petition with the clerk of the circuit 
eourt of the county in which the property is situated, 
edescribing as near as may be practical the property 
taken, or proposed to be taken, and asking that the 
appraisers hereinbefore provided for make an award 
to the owner, or owners, of such land or property. That 
when the petition is filed, a copy of the same shall be 
delivered to each of said appraisers, whose duty it shall 
be to assemble at some convenient time, and enter 
upon the land or property which has been appropriated, 
or is intended to be appropriated, and ascertain the 
fair market value of the land appropriated, or intended 
to be appropriated; the damage which the construction 
of the levee will cause by the obstruction of natural 
drainage, not to exceed the cost of artificial drainage, 
and the inconvenience of passing over the levee, ditch, 
drain or canal that has been constructed, or may be 
constructed, and the value of crop and houses on the 
right of way injured or destroyed by the construction 
of levee, ditch, canal or drain, or the cost of removing — 
the houses; and shall reduce their findings to writing, 
giving the amount they award per acre for the land 
appropriated, the amount they award for the obstruc- 
tion or interference with natural drainage, the amount 
they award for inconvenience of crossing the levee, 
ditch, canal or drain, and the amount they award for 
the destruction of crop and houses, or the cost of re- 
moving the houses upon said right of way, and sign the 
same and file with the clerk of the circuit court. The 
clerk shall immediately issue a summons directed to 
the sheriff of the county, together with a copy of the 


26 


award attached thereto, commanding him to serve the 
owner, or owners, if they reside in the county, or if 
the land belongs to minors, insane persons or estates, 
that he serve the said summons upon the guardian, 
curator, executor or administrator of such ‘owner or 
owners, and make return thereof. But if such owner, 
or owners, be nonresidents of the county, or unknown 
to the officers of the levee or drainage district, it shall 
be the duty of the clerk to publish a warning order 
in some newspaper published in the county, for four 
insertions, which warning order may be in the follow- 
ing form: 

‘To (name the supposed owner) and all other 
persons having any claim or interest in and to the fol- 
lowing described land, situated Im. County, 
Arkansas, namely (Here describe the land over which 
the levee or drainage passes according to U. S. Sur- 
veys): are hereby warned to appear in this court within 
thirty days and file exceptions to the award which has 
been filed in this office by the levee and drainage ap- 
praisers of this county for the appropriation of the 
portion of the hereinbefore described land, for the 
construction or intended construction of a levee, ditch, 
canal or drain, as the case may be, over and across the 
same. ’’ 

Which shall be dated and signed by the clerk, and 
if no exception is filed by the owner, or owners, within 
ten days after service of summons, or within ten days 
of the last date of the publication of the warning order, 
or by the levee or drainage district, within ten days 
after award is filed, then it shall be the duty of the 
clerk of the circuit court to call the court’s attention 
to the award, and failure to file exception thereto after 
notice having been given as herein provided, and upon 
such information the court shall proceed to enter a 
judgment condemning such property and land for the 
right of way purposes, and a judgment in favor of the 
owner, or owners, of such land against the levee or 
drainage district for the amount awarded by such 
appraisers; but in case exceptions are filed by either 
party within the time herein prescribed, it shall be the 
duty of the clerk to docket the cause. The petition 
originally filed by the levee or drainage district, and 
the award of the appraisers shall constitute all neces- 


27 


sary pleadings in such proceedings, and in case a trial 
is demanded or requested by either party, the question 
shall be tried as other common law cases are tried, and 
the owner or owners of the land shall be entitled to re- 
cover the value of the land appropriated, or intended 
to be appropriated; the obstruction to natural drain- 
age not to exceed the amount necessary to construct 
artificial drainage; the damage occasioned by the in- 
convenience of crossing the levee, ditch, canal or drain, 
from one portion of the land to the other; the value of 
any crop or houses on the right of way, or the cost of 
removing the same; provided, that whenever any levee 
or drainage district shall cause any land or property to 
be appraised, as herein provided, that 1 may enter 
upon said land and construct the levee, ditch, canal 
or drain over and across the same without paying the 
award therefor until such time as the court in term 
time shall so order or direct, and that.it shall be the 
duty of the court, or any county, chancery or district 
judge to enjoin any owner, or owners, of land from 
interfering with the construction of any levee, drain, 
ditch or canal, after an award has been made for the 
value of the land until such time as the court, having 
proper jurisdiction, shall render a final judgment, and 
in case of an appeal from any judgment rendered by 
the circuit court, such levee or drainage district shall, 
upon filing a supersedeas bond with the clerk of the 
supreme court, be entitled to have the owner or ‘owners 
of such land enjoined from interfering with the con- 
struction of any levee, ditch, drain or canal until such 
cause can be heard in the supreme court. | 

Sec. 4. If no exception shall be taken to the award 
of the appraisers, and no appeal taken from any judg- 
ment rendered by the circuit court, the levee or drain- 
age district seeking to condemn the right of way shall 
pay the award to the person or persons in whose favor 
the same is made, taking duplicate receipts therefor, 
one of which shall be attached to the award and filed 
with the proceedings in the cause. But in the event the 
owner or owners of such Jand, material, or property 
being unknown, or if it is uncertain who they are, or 
if there are conflicting claims to the land, or to the 
award, or any part thereof, then the said levee or 
drainage district shall pay the same to the clerk of 


28 


the chancery court of the proper county, for such 
owner or owners, and take the clerk’s receipt, as pro- 
vided herein from the owner, and shall have the same 
recorded in the book provided for the recording of 
petitions; that said clerk and his sureties shall be an- 
swerable for the safekeeping of said money; that any 
claimants to said land may file an application in the 
chancery court and set up title to said land or prop- 
erty, and after giving notice to all adverse claimants 
by summons, if residents of the county, and by warning 
order, if nonresidents of the county or unknown, shall 
have their claim to such money adjudicated and tried 
as other cases are tried under the rules and practice 
of the chancery court, and upon a final hearing the 
chancery court shall direct a proper disposition of the 
money, which judgment shall be a bar to a recovery 
against the levee or drainage district for any other or 
further compensation or damages for the construc- 
tion or maintenance of such levee, ditch, drain or canal. 

Sec. 5. Any levee or drainage district may re- 
fuse to pay the award which may have been made by 
any board of appraisers herein provided for, or the 
judgment of any court assessing the damages for right 
of way, and abandon the line and relocate the levee, 
drain, ditch or canal anew without being liable for any 
award or judgment rendered in any proceeding for the 
condemnation of right of way, except as to the costs. 

See. 6. The appraisers hereinbefore provided for 
shall be entitled to receive for their compensation for 
viewing and appraising land and property, and mak- 
ing award of the damage therefor, the sum of $5.00 
per day for each day in which they are actually en- 
gaged in such service, which sum shall be paid by the 
levee or drainage districts, as the case may be. 

See. 7. In the event that there are exceptions filed 
to the award of any board of appraisers, the fees for 
conducting a trial of such cause shall be the same as 
are now prescribed in ordinary proceedings in the com- 
mon law court, and shall ‘be paid by the levee or drain- 
age districts in all cases where the judgment of the 
circuit court is in excess of the award made by the 
appraisers, and the landowner or owners shall pay the 
cost accruing where the judgment of the circuit court 
does not exceed the amount awarded by the appraisers. 


29 


See. 8. Whenever the board of directors of the 
St. Francis Levee District, or any other levee or drain. 
age district, may have appropriated, or shall appro. 
priate, any land for right of way for the construction 
and maintenance of either levees, ditches, canals or 
drains, and constructed levees or drains thereon, with- 
out having procured the consent of the owner or owners 
of such land to construct the levees or drains, or pro- 
cured the right of way, either by purchase, donation or 
condemnation, such owner or owners, where their cause 
of action has not been barred by the statute of limita- 
tion, shall have a cause of action against said board of 
directors of the St. Francis Levee District, or any other 
levee or drainage district, for the market value of the 
land at the time it was actually occupied, and such 
damages for inconveniences of crossing from one por- 
tion of the tract, then owned by the parties seeking 
to recover, to the other portion of the tract, as they 
have sustained, and such damages as the owner or 
owners may have sustained on account of obstruction 
of natural drainage to the tract of land over which the 
levee or drain may have been or shall be constructed, 
not to exceed the cost of constructing artificial drain- 
age. 

See. 9. The recovery of damages on account of 
the construction or maintenance of levees or drains 
shall be limited and confined to the elements of damage 
mentioned and provided for in this act, and all lands 
bordering upon and near the Mississippi river shall 
be public to public servitude, except as herein pro- 
vided, and neither the owner nor owners thereof shall 
recover any other compensation or damages for the 
appropriation of any lands and the construction and 
maintenance of levees or drains thereon, than is herein 
provided. 

Sec. 10. All actions for the recovery of damages 
against any levee or drainage district for the appro- 
priation of land or the construction or maintenance of 
either levees or drains shall be instituted within one 
year after the construction of such levees or drains, 
and not thereafter; provided, that any person, persons 
‘or corporations who may have any existing claims 
against any levee or drainage district, suffered on ac- 
count of appropriation of land, for the purpose of con- 


30 


structing either a levee, ditch, canal or drain, or on 
account of the construction or maintenance of either 
a levee, ditch, canal or drain, shall bring their action 
within six months after the passage of this act, and 
not thereafter. 

See. 11. That all acts and parts of acts in conflict 
with this act are hereby repealed, and this act shall 
take effect and be in ‘force from and after its passage. 

[This bill having remained with the governor five 
days (Sunday excepted), and the General Assembly 
pene in session, it has become a law this February 24, 
1905. ] 


ACT 314 (1907). 


AN ACT to provide for the cleaning out of public 
drains. 


Be it enacted by the General Assembly of the State of 
Arkansas: 


Section 1. For the purpose of keeping a small 
eash fund on hand with which to clean out the public 
drains of this State, the county judge, county clerk 
and sheriff of each county of this State wherein are 
located any public drains shall be and compose a 
board, of which the county judge shall be president 
and the county clerk secretary, whose duty it shall be 
to ascertain the amount necessary to keep each public 
drain in their respective counties clean for the next 
ensuing year and certify the same to the several quorum 
courts of such counties at the regular sessions of said 
courts for the levying of other taxes, and it shall then 
be the duty of said levying court to levy the amount 
so certified as other taxes are levied, which amount so 
levied shall be by the county clerk extended as taxes 
against the lands assessed for the construction of each 
public drain in the same proportion as said land was 
originally assessed for the construction of said ditch, 
and when so extended said amount shall be a lien upon 
said land, and said land shall be subject to sale for the 
nonpayment of said incidental ditch tax, and be. sold 
in default of the payment of the same as in cases of 
other delinquent taxes. 

Sec. 2. The county treasurers of this State shall 
keep upon their books a separate account with each 


ol 


public drainage district of their county, and no money 
collected under the provisions of the foregoing section 
of this act shall be paid out only for the purpose of 
keeping clean the particular public ditch for which it 
was collected. 

See. 3. Whenever any road overseer shall be re- 
quired to perform service under the provisions of this 
act he shall be allowed the sunt of two dollars per 
day for the time actually required to perform service, 
and all laborers performing service under this act shall 
be allowed the sum of one dollar and fifty cents per 
day for a single hand and two dollars and fifty cents 
per day for a double team for all time they are actually 
engaged in such work, and shall be required to put in 
the same amount of time per day at such work as they 
are now required to render upon the public roads of 
this State. 

Sec. 4. Wherever there shall remain due and un- 
paid at the date of the passage of this act any amounts 
for labor performed in cleaning out any of the public 
drains of this State, it shall be the duty of the board 
provided for in this ‘act to take such amounts into con- 
sideration in making their estimates of the expenses 
of keeping said drains clean for the next ensuing year, 
and said amounts shall be paid out of the monéy aris- 
ing from the amount certified by said board and col- 
lected as provided in section 1 of this act; provided, 
that where such fees have already been paid by the 
owner of any particular tract or tracts of land subject 
to such tax, no further amount shall be assessed against 
sucn land, and the amounts provided for in this section 
shall only be extended against such land as has not 
already been paid on, and the county clerk, in extending 
such overdue amounts, shall only extend the same 
against such land as has not been previously paid, 
which amount shall be in addition to such land’s share 
of the necessary amount to keep said drain clean for the 
next ensuing year. 

Sec. 5. All fees which may become due to overseers 
and hands under the provisions of this act shall be paid 
in the same manner as is now provided for the pay- 
ment of fees under section 1448 of Kirby’s Digest, and 
the county reimbursed as therein provided from the tax 
in this act provided for. | 


o2 


See. 6. That all laws and parts of laws in con- 
flict with this [act] are hereby repealed, and this act 
shall take effect and be in force from and after its 
passage. 

. Approved May 13, 1907. 


33 








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